Draft Aviation Safety (Amendment) Regulations 2026

Peter Fortune Excerpts

Tuesday 14th April 2026 General Committees

[The Parliamentary Under-Secretary of State for Transport (Keir Mather)]

I beg to move,

That the Committee has considered the draft Aviation Safety (Amendment) Regulations 2026.

It is a pleasure to serve under your chairship, Ms Lewell. The draft regulations were laid before the House on 24 February. The instrument has two objectives. First, it amends article 71 of the assimilated basic regulation to give the Civil Aviation Authority the flexibility to grant exemptions. Secondly, it removes an unused criminal sanction to allow twin-engine aircraft to operate over longer distances, in line with international best practice.

Currently, the CAA may grant an exemption from the basic regulation implementing rules only under two scenarios: urgent unforeseeable circumstances and urgent operational needs. That requirement limits the CAA’s ability to support innovation and to allow exemptions that would enhance safety at regular and foreseeable events such as festivals.

I am aware of the concern raised by the Transport Committee that this amendment to article 71 of the basic regulation represents a reduction in regulatory protection, but I can assure its members that the CAA has developed a robust framework to ensure that exemptions granted under article 71 will not degrade safety. Each request will be risk-assessed by the CAA’s aviation safety experts and granted only where no other regulatory alternative exists and safety is assured. Just because a request has been granted once, that will not set a precedent for future exemptions. The criteria for exemption are deliberately strict, maintaining existing requirements on aircraft noise, fuel venting and engine emissions, as well as ensuring that decisions do not create unreasonable or unsafe working conditions.

That approach will enhance safety. For example, to facilitate the safe arrival and departure of large numbers of helicopters at events such as Royal Ascot and Formula 1 at Silverstone, the CAA currently recommends that a temporary air traffic control service is set up. However, full compliance with the existing legislation would be disproportionate to the service provision and the period of the event, as that legislation was developed with a permanent service in mind. Currently, because such an event is foreseeable, the CAA cannot grant exemptions, even though that would clearly enhance safety by enabling safer management of helicopter operations.

The amendment will also support innovation. Currently, technological developments such as beyond visual line of sight drone flights in non-segregated airspace are hard to test, as they are considered neither urgent nor unforeseeable under existing regulations.

The second amendment in the instrument removes a criminal sanction in the Air Navigation Order 2016.

[Peter Fortune (Bromley and Biggin Hill) (Con)]

I welcome the fact that the regulations allow for innovation, and especially things such as vertical take-off and unmanned flights. However, given that Biggin Hill airport is in my constituency, can the Minister say what provisions there are to ensure that local communities in smaller aerodrome areas are communicated with?

[Keir Mather]

The hon. Gentleman raises an important point about community consultation, and the CAA’s design of noise policy takes it incredibly seriously. These exemptions are designed to be used only when other regulatory avenues are not available, but we expect all operators to take noise considerations into account. I know how important that is to his constituents, and it will be part of this work going forward.

As I said, the second amendment in the instrument removes a criminal sanction in the Air Navigation Order 2016. That will enable the introduction of internationally standardised extended diversion time operations later this year in the Aviation Safety (Amendment) (No. 2) Regulations 2026. Those rules cannot be introduced while the criminal sanction remains attached, as the powers in the Retained EU Law (Revocation and Reform) Act 2023 that we would need to use expire in June this year. The CAA has never used this sanction and has other regulatory tools to ensure compliance, including revoking approvals or limiting air operator certificates. On the wider powers gap in relation to criminal sanctions, the Department is aware of the issue, and we are reviewing whether existing powers on the statute book may be able to fill that gap. We are also considering introducing primary legislation when parliamentary time allows.

I hope I have adequately reassured Members that these provisions are proportionate, incentivise innovation and defend our robust record on aviation safety. I therefore commend them to the Committee.